TNAG-1082-FCO40-1332-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 19

I do believe that an enabling clause permitting the Home Secretary to create separate citizenships by order would be very controversial. This really is not a matter for subordinate legislation and we would undoubtedly come in for criticism, as well as demands that we publish the orders in draft, and so on. It would again be said that it is not enough that the orders are subject to Parliamentary approval: Parliament would only be able to accept or reject the orders, it would not be able to amend them.`

Finally, it seems to me to be a very real objection to the use envisaged of the enabling power that it would single out some dependencies from others. Those left with citizenship of the British Dependent Territories (composite style) might well resent the separate status of those citizens of the British Dependent Territories with separate citizenship. Even those who may not want separate citizenship (I have in mind Hong Kong in particular) are likely, if someone else is given it, to be provoked into making fresh demands that their special position to be recognised in some other way.

For all these reasons I believe that the compromise represented by an enabling power would be an unhappy one and I very much hope that, on reflection, you will not wish to pursue it. But it is, of course, possible that events as the Bill progresses will cause us to look at the matter in a different light.

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TIMOTHY RAISON